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11/11/2016, Belgrade, SRB AMENDMENTS SRB |
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11/11/2016, Belgrade, SRB AMENDMENTS SRB |
| The Autonomous Women’s Center submitted to the representatives of the Women’s Parliamentary Network and to the competent parliamentary Committees proposals for the amendments to the Alterations and Modifications of the Criminal Code, regarding the articles referring to the harmonization of the Criminal Code with the Council of Europe Convention on combating and preventing violence against women and domestic violence. These amendments reiterated the opinion that the deletion of paragraph 5 art. 194 – concerning domestic violence referring to sanctions for the breach of protective measures proscribed by the court in civil proceedings is inadmissible, because this would entail a lowering of the attained level of legal protection. It was pointed out that the applicant, the Ministry of Justice, did not organize a public hearing on the proposed amendments, which would have been in accordance with Art. 77 of the Law on State Administration, because it regulates the issue of special importance to the public. Also, it was pointed out that the opportunity was missed to adapt the Criminal Code to fully comply with Council of Europe Convention against violence against women and domestic violence, which is an obligation in the Action Plan for Chapter 23. The need and the scope of this harmonization is explained in the analysis of the Ministry Justice which was done in the PLAC project by Associated Professor Vesna Ratkovic, PhD., member of GREVIO Expert Group, confirming the validity of all previous proposals of AWC and the Ombudsman. AWC strongly believe that all the amendments to the definitions of criminal acts, or definitions of newly introduced criminal acts have to comply with the standards of the Council of Europe Convention (art. 46 – aggravating circumstances). |
| AWC also proposed that the amendments to the articles of the Criminal Code that the Ministry of Justice did not enter into their Proposal also be examined. They refer to the definition of the circle of protected persons (art. 112, paragraph 28), which complies with the Council of Europe Convention (definition of domestic violence), and with the Concluding Remarks of the UN Committee for the Elimination of Discrimination of Women (CEDAW/C/SRB/CO/2-3), art 23 (a), concerning the harmonization of the provisions on the Criminal Code and the Family Law. Also, it was pointed out that the Ministry of Justice did not propose amendments to the criminal act of rape, Art. 178 CC, as well as to the definition of non-consensual sexual intercourse and acts equaled with it in all criminal offenses under the CC (179, 180, 181, 182), which should also have been done, in accordance with Art. 36 of the Convention (sexual violence, including rape). The new standard for these acts, which is confirmed by the European Court of Human Rights (verdict M.C. v Bulgaria) and the General Recommendation 19 of the UN Committee on the Elimination of All Forms of Discrimination against Women (decision Vertido against the Philippines), requires the existence of “unequivocal and voluntary consent” to sexual acts. AWC Amendments to the Proposal for Alterations and Modifications of the Criminal Code are available in Serbian language here. |
| The Autonomous Women’s Center submitted to the representatives of the Women’s Parliamentary Network and to the competent parliamentary Committees proposals for the amendments to the Alterations and Modifications of the Criminal Code, regarding the articles referring to the harmonization of the Criminal Code with the Council of Europe Convention on combating and preventing violence against women and domestic violence. These amendments reiterated the opinion that the deletion of paragraph 5 art. 194 – concerning domestic violence referring to sanctions for the breach of protective measures proscribed by the court in civil proceedings is inadmissible, because this would entail a lowering of the attained level of legal protection. It was pointed out that the applicant, the Ministry of Justice, did not organize a public hearing on the proposed amendments, which would have been in accordance with Art. 77 of the Law on State Administration, because it regulates the issue of special importance to the public. Also, it was pointed out that the opportunity was missed to adapt the Criminal Code to fully comply with Council of Europe Convention against violence against women and domestic violence, which is an obligation in the Action Plan for Chapter 23. The need and the scope of this harmonization is explained in the analysis of the Ministry Justice which was done in the PLAC project by Associated Professor Vesna Ratkovic, PhD., member of GREVIO Expert Group, confirming the validity of all previous proposals of AWC and the Ombudsman. AWC strongly believe that all the amendments to the definitions of criminal acts, or definitions of newly introduced criminal acts have to comply with the standards of the Council of Europe Convention (art. 46 – aggravating circumstances). AWC also proposed that the amendments to the articles of the Criminal Code that the Ministry of Justice did not enter into their Proposal also be examined. They refer to the definition of the circle of protected persons (art. 112, paragraph 28), which complies with the Council of Europe Convention (definition of domestic violence), and with the Concluding Remarks of the UN Committee for the Elimination of Discrimination of Women (CEDAW/C/SRB/CO/2-3), art 23 (a), concerning the harmonization of the provisions on the Criminal Code and the Family Law. Also, it was pointed out that the Ministry of Justice did not propose amendments to the criminal act of rape, Art. 178 CC, as well as to the definition of non-consensual sexual intercourse and acts equaled with it in all criminal offenses under the CC (179, 180, 181, 182), which should also have been done, in accordance with Art. 36 of the Convention (sexual violence, including rape). The new standard for these acts, which is confirmed by the European Court of Human Rights (verdict M.C. v Bulgaria) and the General Recommendation 19 of the UN Committee on the Elimination of All Forms of Discrimination against Women (decision Vertido against the Philippines), requires the existence of “unequivocal and voluntary consent” to sexual acts. AWC Amendments to the Proposal for Alterations and Modifications of the Criminal Code are available in Serbian language here. |
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| The contents of the website are the sole responsibility of Autonomous Women’s Center and can under no circumstances be regarded as reflecting the position of the European Union. | ||
